(A) Intent. This zone district provides for commercial and light industrial enterprises. Heavy industrial and resource-extraction operations shall be excluded.
(B) Designation of official district. Commercial Zoning (C-2) applies to the itemized lots in the units and blocks listed below:
Unit | Block | Lots |
Unit | Block | Lots |
Lakeshore Estates, 2nd filing replat | 10 | 1 |
Lakeshore Estates, 2nd filing | 10 | 71- 73,92 |
Lakeshore Estates, 2nd filing | 11 | 1-5 |
Lakeshore Estates, 2nd filing | 13 | 1-13 |
Commercial Park | All | |
Motel Tract | All | |
Anton Tract | All | |
Woods and Waters Tract | All | |
Bangenter Tract | All | |
Brennan Tract | All | |
Tolsted and Benda Tract | All | |
Scotts Dale Sub | 1-13 | |
Unit 52 | 1 and 14 | |
Unit 53 | 15-17 | |
Unit 54 | 1 and 12-21 | |
Unit 5 | 8 | 52 |
Unit 5, amended replat | 8 | 53-66 |
Unit 61 | 1 | |
Unit 63 | 1, 2, and 35 | |
Unit 64 | 2, 3 | |
Unit 9 | All | |
Unit 12 | 1 | 1, 19 |
Unit 13 | 1 | 1-3, 16-18 |
Unit 13 | 5 | 7-9 |
Unit 19 | 1 | 1-12 |
Unit 19 | 2 | 1-7 |
Unit 19 | 11 | School Site |
Unit 22 | 1 | 1-12 |
Unit 27 | All | |
Unit 28 | 1 | 24-33 |
Unit 28 | 5 | 1-12 |
Unit 28 | 6 | 1 and 2 |
Unit 29 | 12 | 19-42 |
Unit 29 | 13 | 22-26 |
Unit 29 | 14 | 1-5 |
Unit 29 | 15 | 1-12 |
Unit 29 | 16 | 13-33 |
Unit 30 | 12 | 4.77 acres in 43 |
(C) Building/development requirements.
(1) Primary permitted use is to provide for commercial and retail uses which serve both local and transient trade. This district is intended for areas adjoining arterial and collector streets where a wide range of service facilities are appropriate as land uses. Limited single-unit residential uses shall also be deemed consistent with this zoning district.
(2) Except as otherwise permitted for temporary mobile vending, all uses shall be conducted from a structure meeting the requirements of the International Building Code for commercial structures, the New Mexico Uniform Building Code for commercial structures, or HUD Zone II multi-section manufactured homes as applicable to commercial structures. All site built or modular structures shall be affixed to permanent foundations. Multi-section manufactured homes meeting the requirements of HUD Zone II as applicable to commercial structures may be affixed to a permanent foundation or may be installed according to manufacturer's specifications, provided, that installation of any multi-section manufactured home shall include masonry or metal skirting around the entire structure, to be installed prior to issuance of an occupancy permit, and shall have access panels as required by any applicable fire code.
(3) Signs shall conform with the provisions of Chapter 152 and the corresponding city sign guidelines, and shall not otherwise be subject to the setback provisions contained herein.
(4) Minimum setbacks.
(a) Standard front setback: 20 feet except where a public right-of-way or easement along the front yard require additional structural setbacks. In no case may a structure encroach into a public-right-of-way.
(b) Standard interior side and rear setbacks: ten feet.
(c) Corner side setback: 15 feet.
(5) Lot coverage. The total of buildings, driveways, parking areas and impervious surfaces shall not exceed 70% of the area of the lot. Landscaping requirements contained within this chapter shall not be counted towards this coverage unless impervious in nature.
(6) Height. Buildings and structures shall have a maximum height of 40 feet.
(7) Fences and walls. Fences and walls shall not exceed six feet in height. Front fences may be limited in height when obstructing a clear line of sight along a public right-of-way. Driveways connecting with the public right of way shall maintain clear sight triangles. Fences or walls may not be constructed within the public right-of-way. Concertina (razor wire) is prohibited.
(a) Site plan submission required. In all applications, a site plan must be submitted for approval consisting of a scaled drawing or map of the property showing the location of existing and proposed streets, driveways, parking and loading sites, pedestrian walks, structures, drainage improvements, landscaped areas, lighting, refuse/solid waste, utility easements, setbacks, and location of the septic tank, if any. If the septic system is not on the property, the site plan must indicate the lines going to and the location of the area where the group/community septic system is located.
(b) The submission shall be considered as part of the entire application as required within § 155.006(E) and its successors of this chapter. C-2 zoning district applications shall additionally address parking, driveway, traffic circulation and access points. Ingress and egress routes shall be limited to a total of two access points onto a lot and not exceed 28 feet in width for each access point. The site plan, parking plan and landscaping plan shall depict the location and dimensions of these access points and ensure they are defined and demarcated upon construction.
(D) Clearing and grading requirements. Applicant must comply with all requirements found in Chapter 155 or any amendments or successor ordinances regarding the same subject matter.
(1) Drainage improvement requirements. Applicant must comply with all relevant requirements with Chapter 154 and its successors and include provisions for such drainage control and/or improvements as part of a site plan. At a minimum, it shall be the responsibility of both the property owner and applicant to contain, treat or channel associated runoff and drainage onsite.
(2) There shall be no water run-off on an adjacent property caused by any building structure.
(3) Side gutters, downpours, channels, culverts, retention and detention ponds and/ or any other means of control specifically authorized in Chapter 154 may be required by the Zoning Administrator or Planning and Zoning Commission.
(E) Solid waste requirement. Garbage must be stored in tightly covered containers. The garbage container capacity must be adequate to store the garbage from one collection date to the next to prevent a nuisance. Solid waste storage, collection and disposal shall be specifically addressed within each site plan application.
(F) Permitted uses. By right the following uses are permitted in Commerical Districts:
(1) Professional offices;
(2) Eating establishments;
(3) Package alcohol sales;
(4) Personal service establishments;
(5) Retail sales and service establishments, boat, RV and vehicle storage and repair;
(6) Indoor theaters and related entertainment establishments;
(7) Studios;
(8) Veterinary and kennel establishments;
(9) Farmers markets;
(10) Charitable or school sponsored drop-off bins for recycling of cans, newspapers or similar items, for drop-off of clothes or small items. Bins shall be located in the parking lots of businesses within the C-2 zone or other public or semipublic property when written permission is granted by the property owner or business owner. The bins shall be kept in a neat and orderly manner;
(11) Christmas tree sales lots, Halloween pumpkin sales, and other holiday sales subject to not more than 40-calendar days of site occupation and operation in any 1-calendar year;
(12) Outdoor display and sales located within commercial zoned properties subject to the appropriate conditions of this code. Items for display and sales are restricted to regularly stocked merchandise;
(13) Public parks, public facilities and accessory uses customarily incidental to that use;
(a) Special activities as designated by the City Council or City Manager shall be considered incidental uses, providing they meet all other applicable provisions in the city code, including the regulations set forth herein.
(b) Special activities shall also meet the requirements for temporary uses and shall obtain a temporary use permit from the Zoning Administrator upon satisfactorily meeting all provisions of the city zoning code.
(14) Institutions such as:
(a) Clubs;
(b) Library; and
(c) Museum.
(15) Health/fitness facility/spas;
(16) Hotels or motels;
(17) Galleries;
(18) Medical or dental clinic;
(19) Research and development, scientific design and associated testing and evaluation; and
(20) Municipal and other government offices or facilities.
(21) Residences located within Scotts Dale area must meet all requirements of the R-1-B Zone found in §§ 155.027(C) through (I).
(22) Accessory buildings and structures. Accessory buildings or structures including, but not limited to, garages, storage sheds, storage containers and noncommercial greenhouses. Not more than three accessory buildings or structures shall be permitted per lot except as a conditional use. The combined square footage of all buildings and structures, including the principal building or structure and all accessory buildings or structures, shall not exceed the limitations on lot coverage contained herein. Storage containers shall be subject to the following additional conditions:
(a) Storage containers shall be located to the side of or behind the principal structure, and shall not be located in any public right-of-way, fire access lane or landscaped area.
(b) Vertical stacking of storage containers and stacking of any other materials on top of or around any storage container shall be prohibited.
(c) Storage containers must be kept in good repair, be uniform in appearance and free from graffiti, be secured against unauthorized entry, and comply with applicable health and fire regulations. A storage container that is not in good repair may include, but is not limited to, graffiti, being incapable of being moved intact, having holes in the container due to damage or rust, or being infested with vermin or other pests.
(d) A storage container shall not be used as a dwelling or living quarters, nor for camping, cooking or recreational purposes for any period of time.
(23) Mobile retail vending.
(a) Application. An application for mobile retail vending shall be submitted by the owner of real property, or by a lessee of said property with written authorization by the owner.
(b) Permanent site plan. The owner or lessee of real property may include provisions for mobile retail vending in the site plan for the property, to be approved according to the provisions for commercial site plan approval. The area designated for mobile retail vending shall be restricted to only that use at any time that mobile retail vending activities are conducted on the site. Upon receiving approval of a Permanent Site Plan shall, mobile retail vending uses shall not be subject to the time period provisions of § 155.006(H)(2).
(c) Temporary use. In the absence of an approved site plan that includes provisions for mobile retail vending, the owner or lessee of real property may apply to the Zoning Administrator for approval of a temporary permit for mobile vending for a designated period of time, not exceeding five consecutive days. A temporary use may only be issued once per vendor per lot within a 12-month period. Additional requests must be included within an approved permanent site plan. The applicant shall present such diagrams or other materials as the Zoning Administrator may determine to be sufficient. The Zoning Administrator shall have authority to approve or deny the application, subject to appeal as otherwise provided for actions of the Zoning Administrator.
(d) Only one mobile retail vendor may operate on a property at a given time unless a permanent site plan has been approved authorizing additional vendor spaces in accordance with this section. In no case may a mobile retail vendor occupy or temporarily obstruct public rights-of-way.
(e) Standards.
1. All activities shall be conducted entirely on the property of the applicant, and the goods, wares, merchandise or services shall be displayed in such a manner that will not encroach upon any public right-of-way.
2. The goods, wares, merchandise or services shall be displayed in such a manner as not to impede motor vehicle traffic or pedestrian traffic, or that creates any hazard by obstructing the view of motor vehicle traffic.
3. To create a safety zone for all employees and customers shopping at a vendor area, it shall be required of all vendors to create a visual barrier noting a stopping line for all vehicles approaching the vendor area. This barrier line is to be a minimum of 16 feet from the sales area and encompassing the entire vendor area (except where access may already be denied because of vendor location against a fence or existing building). No motor vehicle shall be allowed inside this safety zone area. The barrier line may consist of, but is not limited to, brightly colored or flagged rope, tape, cones, and the like and shall be visible to drivers at all times.
4. Food truck standards. Food trucks are permitted as a mobile retail vendor and are subject to the standards contained within this section. Food trucks shall additionally provide a statement of how the provision of water and disposal of wastewater will be addressed and proof of inspection and approval by the New Mexico Environmental Department for health and food safety. Nothing in this section shall preclude a traditional "ice cream truck" type operation from making intermittent, non-permanent stops along non-arterial roads such stops shall provide for all reasonable efforts to minimize obstruction to passing motorists, bicyclists and pedestrians and shall in no case last more than 15 minutes in one location.
(f) Business license required. Each mobile retail vendor shall obtain a business license per the provisions of Chapter 110. As part of the business license process, the mobile retail vendor shall provide proof that through a valid state-issued CRS number that it shall designate all required gross receipts tax revenues to the city. Failure to pay the full requisite tax to the city shall result in the revocation of the temporary use and/or business license.
(24) Single-family residential unit. One residential dwelling unit is permitted within this zoning district, whether as a primary single-family residential dwelling or an accessory dwelling or live/work facility. A primary structure shall include a minimum of 1,000 square feet of heated area, but may not be placed on a lot that contains an accessory dwelling. A residential use may be combined with other primary commercial or subordinate commercial uses otherwise allowed within this chapter, unless conflicting with adopted IBC, UBC or Fire Code provisions.
(25) Live/work facilities. An integrated housing unit and working space, occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:
(a) Complete kitchen space and sanitary facilities in compliance with the adopted Building Code; and
(b) Working space reserved for and regularly used by one or more occupants of the unit.
(26) Bed and breakfast. A residence built expressly for, or converted to, renting rooms to paying guests and providing breakfast to paying guests on a short term (daily, weekly basis). The residential appearance of the structure is maintained. Definition does not include a hotel, motel or boarding house. A bed and breakfast shall be considered a primary residential use of a property within this zoning district, thus no additional residential units may be present any lot with an operational bed and breakfast use.
(G) Conditional uses. All conditional uses shall be subject to buffering and screening requirements as determined by the Planning and Zoning Commission which must be incorporated into the required site plan and associated landscaping plan. Such buffering and screening requirements shall be in addition to other landscaping requirements contained within this chapter and shall be in addition to the 10% required landscaping area unless determined by the Commission that the buffering and screening requirements substantially meet the intent of the 10% requirement and are not within the public's interest.
(1) Automobile body and repair shop. Not permitted within 100 feet of any residential district unless buffered with landscaping.
(2) Bank. Drive-up windows. Stacking lane(s) of 180 feet by 10 feet for each drive-up must be provided and designed to insure the bank traffic backs onto the street giving access. Banks must be located on an arterial street as shown on the City Street Plan.
(3) Bar or lounge. Provided that hours of operation and associated impacts such as noise are mitigated.
(4) Bus or motor freight terminal. Only when located on an arterial street as designated on the City Street Plan.
(5) Car washes. Car washes are a conditional use, but it is prohibited to allow discharge of water onto neighboring properties or streets.
(6) Child care center, nursery, assisted living (adult) or group home. Is a conditional use and meets all the requirements and/or licenses as required by the State of New Mexico. A childcare center is a conditional use provided that all requirements of development and operation meet with state licensing requirements and the child care and nursery are enclosed by a solid wall or fence 5 feet height.
(7) Church. A church is a conditional use but must not be located on a collector street as designed on the City Street Plan. Excluding a megachurch.
(8) Construction or contractor's yard. A construction or contractor's yard is a conditional use however, the yard shall be maintained in a neat and orderly fashion and enclosed by a fence at least 6 feet in height.
(9) Drive-In theater. A drive-in theater is a conditional use subject to approval of site, drainage plans and any other related plans required by the city based upon the location of the use.
(10) Dry cleaning, laundry, clothes pressing operation, laundromat, is a conditional use provided.
(a) Only non-flammable or non-combustible materials are used in the cleaning process.
(b) That portion of the structure in which any cleaning process is done is at least 50 feet from any residential zone.
(c) Drive-though facilities permitted on the condition a vehicle movement plan is approved by the Planning and Zoning Commission and that allows for safe ingress, egress and does not impede pedestrian activity.
(11) Firewood sales. Is a conditional use but no more than 20 cords stored on site.
(12) Flea market. Is a conditional use subject to the requirements of Chapter 111 and its successors.
(13) Furniture assembly (accessory use). Is a conditional use, however, furniture assembly is not permitted under the manufacturing use. Furniture assembly may be permitted as a conditional use only if the assembly is incidental or an accessory use to retail sales. The maximum floor area for furniture assembly shall not exceed 3,000-square feet and shall be within the same building.
(14) Gas pressure control stations. Is a conditional use but must meet all State of New Mexico and Federal Regulations (public or private utility).
(15) Heavy equipment repair (accessory use). Is a conditional use and permitted only as an incidental or necessary use to heavy equipment sales. Floor area for repair shall not exceed 3,000-square feet and not exceed 30% of the total gross floor area. Welding is permitted only in conjunction with repair and shall not be used for the purpose of heavy equipment assembly.
(16) Miniature golf course. Is a conditional use and subject to approval of site and related plans. Not permitted within 100 feet of any residential district.
(17) Mini storage units. Is a conditional use and units shall not be used for commercial sales of product merchandise, service or repair. (This does not preclude a business from using storage units solely for storage of commercial or business related items provided that the actual commercial operation or business is conducted elsewhere, and there is no external evidence of the business at the storage unit.)
(18) Mortuaries/crematorium. Must meet all state regulations.
(19) School, public, private or trade sites. Is a conditional use and shall be located on an arterial street as shown on the City Street Plan.
(20) Shopping center. Is a conditional use and all site, drainage, and related plans for the entire development are approved.
(21) Storage of wrecked or dismantled vehicles and parts (accessory use). Is a conditional use and the storage of wrecked and dismantled vehicles and parts thereof shall be permitted only as an incidental accessory use to a vehicle repair establishment or a body shop:
(a) Storage shall be within an enclosed building or blocked from view by a solid wall or fence of sufficient height to shield vehicles from public view.
(b) Vehicles and parts stored at the exterior of the building shall be owned by customers of the business and the storage shall be only for the purpose of repair and return to customers.
(c) Exterior storage of vehicles shall not remain on the premises for a period exceeding 3 months.
(d) A maximum of 5-wrecked vehicles may be stored at the building exterior during any 1 time.
(e) Exterior storage shall be a minimum of 100 feet from a residential district unless buffered with landscaping.
(22) Swimming pools. Is a conditional use and permitted only when completely enclosed by a wall or fence which conforms to IBC requirements. In addition would require a locked gate to deny access.
(23) Television and radio towers and all other free standing towers (public and private uses). Is a conditional use and all towers shall have manufacturer's specifications to withstand a 80 mph wind and shall be constructed to meet New Mexico Building Code standards. In addition a public hearing is required with notification to all affected property owners.
(a) Commercial free-standing or guyed towers. A tower is commercial in nature unless its use is exclusively incidental to another primary legal use existing on the property. A bond to insure the removal of the tower upon abandonment of use shall be required for all commercial towers.
(b) Application procedures. A site plan, and structural design plans prepared by a licensed engineer, shall be submitted for any proposed commercial tower or antenna structure. Any commercial tower and antenna with a combined height of 300 feet or more shall require a public hearing to determine whether the proposed height is appropriate for the proposed location.
(c) Location. Commercial towers up to a height of 300 feet shall be allowed by right on a parcel zoned or approved for industrial use (not to include a legal nonconforming use), and in areas where all properties within the applicable area of notice contain or are zoned or approved for commercial and industrial uses, are vacant, or contain only agricultural uses, unless residential zoning has been applied to 1 or more properties. Commercial towers shall not be allowed where all existing zoning or uses within the area of notice, including the property at issue, are residential. Properties included within a residential subdivision for which a completed application package is pending, or for which a final plat has been approved within 2 years prior to the application for a commercial tower or antenna use, shall be considered existing residential uses. If the area of notice is an area of mixed residential and nonresidential uses, a public hearing shall be held to determine whether the proposed location is appropriate for the height proposed for the tower and antenna structure.
(d) Setbacks and buffering. Towers and antennas shall be considered a high intensity non-residential use for determining the appropriate setback and buffering requirements; however, a tower or antenna next to another high intensity non-residential use shall only be required to meet minimum setbacks, and to provide secured opaque fencing of at least 8 feet in height around the base of the tower, including any guy wires. Where a public hearing is required to determine whether the proposed tower is appropriate for the proposed location, setbacks and buffering may be increased to further diminish the negative impacts of the structure on the surrounding area.
(e) Co-location. Co-location of multiple antennas on a single tower structure shall be encouraged, consistent with the following guidelines. A plan to add an additional antenna to a previously approved tower shall be prepared by a licensed engineer. An additional antenna shall not increase the width of the tower beyond the approved design for a monopole or beyond the base width of the original tower structure, and shall not increase the overall tower height of a site located in a mixed use area more than 20 feet.
(f) Commercial antennas mounted to existing structures. Commercial antennas may be mounted on or attached to any existing non-residential structure. A copy of the written document granting permission from the owner of the structure must be submitted with the site plan for review before a building permit may be issued. Any additional superstructure that will be added to accommodate any and all antenna arrays must meet Uniform Building Code requirements.
(g) Personal (private) free standing or guyed towers. One personal tower with antennas (to be used exclusively for purposes incidental to an existing legal use of the property) shall be allowed by right on each parcel if the following conditions are met.
(h) Height. For use on a residential structure for residential purposes the total height shall be limited to 75 feet from the ground, and for use on a non-residential structure for nonresidential purposes the total height shall be limited to 90 feet from the ground.
(i) Design. An informal site plan must be approved by the Planning and Zoning prior to new construction or modification of a tower or antenna structure. All engineering data for the tower shall be submitted if requested. All structures shall be constructed to meet the Uniform Building Code, and shall be designed and constructed to withstand a minimum of 80 mph windloads.
(j) Setbacks. The structure shall meet the applicable setbacks from the property lines, or a minimum setback of 10 feet, whichever is greater, and shall be located behind the front line of the foremost dwelling unit located on the parcel.
(k) Private antennas mounted to existing structures. Private antennas may be mounted to existing buildings which meet the Uniform Building Code standards, providing that the total height of any tower and antenna structure does not exceed 75 feet from ground level for residential use, and 90 feet from ground level for non-residential use, and the tower and antenna structure meets all applicable setbacks from the property line.
(24) Welding (accessory use). Is a conditional use and shall be permitted only as an incidental or accessory use necessary for the repair of vehicles or equipment permitted in the C-2 District. Welding uses shall be approved by the Fire Department and shall be in accord with any other provisions of the municipal ordinance.
(25) Wrecker services. Is a conditional use in accord with storage of wrecked vehicle provisions of§ 155.033
(G)(21).
(26) Solar collection array system or farm.
(27) Wind turbine collection system or farm.
(28) Vehicle, boat and RV storage facilities or storage lots, mini or self-storage facilities.
(29) Recreational Vehicle Parks (RVPs).
(a) Purpose. A conditional use permit is required for all RVP developments and is intended to provide for the development of recreational vehicle parks at standards consistent with health, safety, and welfare of the community.
(b) Development requirements. A site plan, landscaping plan and a drainage plan must be approved by the Planning and Zoning Commission for any RVP.
(c) Design standards.
1. Swimming pools are permitted only when a protective fence four feet in height is provided around the yard, lot or pool area. The pool shall be no closer than 15 feet from any property line, and approval from all utilities is required to insure overhead safety. The pool must otherwise comply with all applicable safety and construction standards as adopted by the state Construction Industries Division.
2. A landscaping concept shall be approved by the Planning and Zoning Commission for all areas not covered by structures or paved.
3. Screening the perimeter of a recreational vehicle park by a wall and/or other approved landscaping material shall be required in accordance with the landscaping standards contained within this chapter.
4. There shall be an active, usable recreational area for tenants comprising 5% of the gross site area, which shall not include required setback areas or similar areas not usable for recreational activities. Within this recreational area, a building containing a restroom with 24-hour guest access shall be provided. Provision of said restrooms within an optional community building - regardless of its location relative to the recreational area - shall meet the requirements of this section.
5. If a community building or buildings are constructed to provide for the recreational and service needs of guests, it shall include restrooms, showers, and a laundry. No dry-cleaners shall be permitted in the RV Park. The community building or buildings may not be included as part of the required recreational area.
6. Adequate refuse collection facilities shall be provided, constructed, and maintained in accordance with all municipal health regulations, and shall be screened and designated to bar animals from access to refuse. Refuse shall be removed from collection sites at least once a week.
7. Lighting shall be provided to illuminate access ways and walkways from the safe movement of vehicles and pedestrians at night and be consistent with the outdoor lighting and night skies requirements contained elsewhere within the code.
8. A means for emptying sewage holding tanks shall be provided and approved by the health department.
(d) Streets and access standards.
1. All RVPs shall have vehicular access from an arterial or collector street.
2. Each RV space when occupied shall have direct access to an internal street. Direct access to exterior public streets shall be prohibited.
3. Street layout shall be designed for preservation of natural features and to follow topography to the greatest extent possible and to encourage the orientation of homes in such a manner as to permit the use of solar energy systems.
4. No street within a recreational vehicle park shall dead end, except for cul-de-sac streets, which shall have a minimum turning radius of 50 feet at the termination point.
(30) Cannabis testing laboratories, cannabis manufacturers, cannabis retailers, cannabis research laboratories, vertically integrated cannabis establishments not producing cannabis, integrated cannabis microbusinesses not producing cannabis, and cannabis consumption area.
(a) Cannabis manufacturers must use industry-standard techniques to minimize odorous matter, toxic or noxious matter, such as activated carbon filtration and regular maintenance of HVAC systems.
(H) Landscaping.
(1) Purpose and intent. The purpose of this section is to improve the appearance, quality and quantity of landscaping visible from public right-of-way and adjacent properties.
(2) Applicability. A minimum of 10% of the lot shall be landscaped. Landscaping of the front and corner sides of the lot shall take precedence over other areas. The standards of this section apply to all new and all re-development within this zoning district.
(3) Landscaping plans. A landscaping plan shall be submitted in conjunction with any required site plan, and shall be reviewed and approved, denied or modified in conjunction with the site plan. In addition to the requirements of this chapter, the landscaping plan must be found to be consistent with the goals, recommendations and illustrative diagrams and plans within the Comprehensive Plan.
(a) Up to 1/3 of the required landscaping may be located in the public right-of-way if approved by the Commission.
(b) Each landscaping plan shall indicate the type, size, and location of landscaping, along with existing and proposed topography and proposed irrigation systems. The scale of the landscaping plan shall be as recommended by the Zoning Administrator/Code Enforcement Officer.
(c) No zoning permit or certificate shall be approved by the city for those developments requiring a landscaping plan unless said plan is reviewed and approved as part of the application process.
(4) Parking area interior landscaping. Landscaped areas shall be distributed to break up large expanses of pavement, improve the appearance and climate of the site, improve safety, and delineate pedestrian walkways and traffic lanes. A required landscaped area shall be no less than 64 square feet. Parking lots shall have interior landscaping at intervals of not greater than ten parking spaces in order to visually reduce the expanse of parking areas.
(5) Required landscaping adjacent to public rights-of-way. Off-street parking areas, loading areas, or vehicle use areas shall provide a landscape strip of at least ten feet in width when adjacent to a right-of-way (except an alley). The required landscaping may include a combination of vegetative screens, earth berms, changes in grade, or masonry walls, which will form a permanent year-round buffer between the off-street parking, loading, or vehicle use area and the public right-of-way, except in required sight visibility areas.
(6) Types of landscaping. Indigenous or drought-tolerant plants and xeriscaping are recommended. Landscaping may include any and all of the following, provided that bare rock, gravel, sand or dirt alone shall not qualify as landscaping. At least 25% of the landscaping requirement shall be met by trees, shrubs and/or cacti species.
(a) Trees, shrubs, hedgerow, ground cover and other plantings;
(b) Lawn or grass areas;
(c) Decorative rock and gravel;
(d) Benches, tables, planters or other similar outdoor furniture;
(e) Berms or mounds;
(f) Water features;
(g) Decorative lighting.
(h) Decorative public art, monument or mural provided that these items are used to complement and not replace the use of landscaping materials.
(7) Landscaping shall be installed in accordance with the following guidelines:
(a) Yard location. Of the total area required to be landscaped, at least 1/2 shall be located within the front yard.
(b) On corner, double-fronting, or triple-fronting lots, at least 1/4 of the required landscaped area shall be located on each frontage.
(8) Landscape screening. Landscape screening shall be opaque from the ground to a height of at least six feet. Specific uses which are contiguous with residential zones or authorized as conditional uses may be required to include a landscaped screen on that perimeter contiguous to the residential zone as prescribed elsewhere in this chapter or as required by the Planning and Zoning Commission.
(9) Irrigation and maintenance.
(a) Adequate provision of water, in keeping with drought condition sensitivity, shall be made for planted materials. The owner of the landscaped property shall be responsible to maintain landscaping or screening in a healthy, neat, and clean condition. Dead plant material shall be replaced with new plant material immediately.
(b) All landscaped and screened areas shall be controlled by pruning or trimming so as to not interfere with the installation, maintenance, or repair of any public utility, restrict pedestrian or vehicular traffic, or constitute a traffic hazard.
(I) Parking regulations.
(1) Standard off-street parking regulations. In all zones there shall be provided at the time any building or structure is occupied, being erected, or structurally altered, off-street parking spaces as follows:
(a) Amusement facility without fixed seating, including but not limited to a swimming pool, amusement park, miniature golf course, golf driving range, dance hall, skating rink, or similar recreation establishment: 1 space for each 200-square feet of building/facility.
(b) Bowling alley: 2 spaces for each alley.
(c) Religious institution, fraternal group, club or lodge; 1 parking space for each 8 members or 1 parking space per 5 occupants based on the Fire Code whichever is greater.
(d) Community center, library, museum, or art gallery: 10 parking spaces plus 1 additional space for each 300-square feet of floor area in excess of 2,000-square feet, and the required handicap access space(s).
(e) Light manufacturing 1-1/2 spaces per 1,000-square feet of floor area.
(f) Medical or dental office, clinic, including veterinary clinic: 2-parking spaces for each examination or treatment room plus 1 space for each doctor, and the required handicap access space(s).
(g) Mortuary: 1-parking space for each 1,000-square feet of gross floor area plus 1 parking space for each 3 seats in the funeral chapel area.
(h) Motel, hotel, bed and breakfast inn, guest ranch: 1-parking space for each sleeping room or rental unit; and 1-parking space for each employed per shift; 1-parking space for each service vehicle associated with the facility; and, 2-parking spaces for the home owner and/or property manager.
(i) Restaurant, bar, nightclub, café: 1-parking space for each 200-square feet of floor area.
(k) Retail store, office (other than medical or dental), or service establishment not otherwise specified herein; 1-parking space for each 300-square feet of floor area for the first floor and 400-square feet for the second and third floor.
(l) Rooming or boarding house: 1-parking space for each sleeping room.
(m) Amusement facility with fixed seating: 1 space for each 4 seats or seating spaces.
(n) Mobile home park: 2-parking spaces for each trailer or dwelling unit.
(2) Alternate parking plan. An Alternate Parking Plan may be submitted for approval, demonstrating how parking will be accommodated through a combination of on-site, off-site (whether public or private), shared, and/or on-street parking. Alternate Parking Plans may be based on a lesser number of spaces than that required under § 155.028
(A) of this subchapter, provided it is demonstrated that a nuisance will not be created thereby.
(3) General rules for determining parking requirements. To compute the number of required off-street parking spaces, the following shall govern:
(a) Where fractional spaces result, the parking spaces required shall be construed to be the next highest number when 50% or above.
(b) The parking space requirements for a use not specifically mentioned herein shall be the same as that required for a similar use as determined by the Planning and Zoning Commission.
(c) In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the mixed uses required separately.
(4) Location and improvement of parking areas.
(a) All parking spaces required herein shall be located on the same site with the building or use served unless the Planning and Zoning Commission approve an alternate parking plan.
(b) All open parking areas in the Commercial Zone provided in compliance with this subchapter shall be surfaced with a durable surface consisting of concrete or bituminous material or of compacted gravel, soil, or crushed stone.
(c) Parking spaces shall be a minimum of 9 feet in width by 20 feet in length except for ADA designated spaces. Parking spaces may be reduced to 18 feet in length if there are parking bumpers installed that allow for a 2-foot vehicle overhang. In no instance shall a vehicle overhang parking bumper whereby pedestrian traffic will be impeded.
(d) All parking spaces shall be accessed by a 24-foot wide aisle.
(5) Off-street loading and unloading spaces. Off-street loading and unloading spaces shall be required and shall be so located that loading and unloading activity will not block or restrict a public way.
(6) Parking for physically challenged motorist.
(a) Every parking lot coming under the provisions of the Disabled Parking Standards and Enforcement Act (NMSA § 66-7-352.1, 1978) shall have designated disabled parking spaces as provided in subsection (b) of this section. No building/zoning permit shall be issued by any local government for the construction or substantial renovation of a commercial building inviting public access unless the parking lot has designated disabled parking spaces as delineated in subsection (b) of this section.
(b) The minimum numbers of designated disabled parking spaces are as follows:
TOTAL SPACES IN PARKING LOT | MINIMUM DESIGNATED DISABLED PARKING SPACES |
TOTAL SPACES IN PARKING LOT | MINIMUM DESIGNATED DISABLED PARKING SPACES |
1 to 25 | 1 |
26 to 35 | 2 |
36 to 50 | 3 |
51 to 100 | 4 |
101 to 300 | 8 |
301 to 500 | 12 |
501 to 800 | 16 |
801 to 1000 | 20 |
More than 1000 | 1 for each 100 over 1000 |
(c) The designated disabled parking spaces shall be located so as to provide the most convenient access to entranceways or to the nearest curb cut. Every parking lot shall have at least one designated disabled parking space designed to accommodate a motor vehicle passenger van, and there shall be a minimum of 1 space for every 8 designated disabled parking spaces.
(7) Shared parking. In the commercial zone or special use permits shared parking may be permitted if approved by Planning and Zoning Commission. An application must be filed and shall be reviewed for safety and security of patrons and employees of the participating uses.
(a) All shared parking facilities shall be located within a 300-foot radius measured from the property line.
(b) The applicant shall show there is no substantial conflict in the principal operating hours of the buildings or uses for which the shared parking is proposed.
(c) Parties involved in the shared use of a parking facility or facilities shall show evidence of an agreement for the shared use and maintenance thereof by a proper legal instrument approved by the City Attorney as to form and content.
(d) Any shared parking facility shall be provided with adequate signs on the premises indicating the availability of that facility for patrons of participating uses.
(e) Subsequent modifications to the structure or substantive change in tenant occupancy shall require review by the Planning and Zoning Commission for conformance to this section.
(f) Shared parking requests must be approved by the Planning and Zoning Commission for 2 or more different land uses located adjacent or in close proximity to one another.
(K) General restrictions.
(1) No commercial lot less than one-and-a-half acres in size and without access and connection to a public sewer line may be subdivided for any purpose other than to increase the size of an adjacent lot.
(2) All lavatories and toilets shall be built indoors and connected with outside septic tank until such time as a sewer system shall be available, at which time said facility shall be connected thereto within the time limit as established by the City of Elephant Butte by ordinance.
(3) No basement, tent, shack, garage, or other outbuilding may be used as a primary residence, temporary or permanent. No tent or non-structural cover may be used as a permanent accessory building.
(4) Display, storage or parking of vehicles, equipment, goods and other property shall not be permitted in the public right-of-way.
(5) No livestock including but not limited to pigs, goats, rabbits, poultry or other wild or domesticated fowl, shall be kept or permitted to remain on any of the land or part thereof except as follows:
(a) Veterinarian hospitals where a duly licensed veterinarian is actively engaged in, and in charge of operations;
(b) Duly licensed wholesale or retail pet shops operated in areas where such businesses are permitted under the City Zoning Code;
(c) Small domestic animals, fish or birds other than those defined as fowl and game birds, which are customarily kept in the dwelling for non-commercial purposes and do not constitute an animal nuisance. Notwithstanding any other provision of this chapter, the keeping of swine of any description and roosters shall not be permitted within the corporate limits of the city.
(d) The prohibition against keeping fowl or game birds shall not apply to the keeping of chicken hens, which shall be allowed by permit, subject to the following conditions:
1. A maximum of five female chickens (hens) are permitted so long as the lot size measures at least 10,000 square feet.
2. There shall be no age restrictions on keeping of female chickens (hens).
3. No roosters may be kept.
4. No person shall slaughter any agricultural animals on the premises or use its products for commercial purposes.
5. All chickens with clipped wings shall be confined at all times within a fully-enclosed yard with fences or walls at least four feet in height.
(e) The limitation on the number of chickens permitted to be kept shall not apply to school or agricultural extension sponsored programs on their owned or leased property, as long as such keeping is in accordance with state law. A permit will still be required and compliance with the conditions for keeping chickens as described herein shall apply.
(6) Standards for keeping of chickens; permits, setbacks and enforcement.
(a) Permits required. A Chicken Keeping Permit shall be required for the keeping of any chicken in accordance with the provisions of this chapter and issued by the Zoning Administrator. The permit obtained by the property owner and applicant shall be subject to the terms and conditions described herein this section.
1. Before issuing such permits, a one-time fee of $25 shall be made payable to the City of Elephant Butte; and the Zoning Administrator and/or Code Enforcement Officer shall determine that the keeping of chickens is done in such a manner that the standards of this section are complied with; and, the keeping of chickens shall not likely constitute a nuisance to adjoining neighbors; and, the Zoning Administrator and/or Code Enforcement Officer may make such permits subject to restrictions as to sanitary conditions, number of chickens up to a total of five female chickens, location of the same, availability and condition of enclosures or shelters, availability of food and water, and other conditions as he may deem necessary.
2. Permits for the keeping of chickens are subject to randomly announced inspections by city staff. Permits for the keeping of chickens can be revoked at any time by the Zoning Administrator for failure to comply with the described conditions contained herein.
(b) Requirement for enclosure, coop. All chickens shall additionally be provided an enclosed accessory building which shall be in the form of a predator-proof coop. The enclosure must contain a "chicken house" or coop so that each chicken shall have a location to roost. Before utilizing a coop for chickens, the owner of the chickens shall comply with all state regulations related to the raising of chickens as provided in Chapter 91.
1. A COOP shall be defined as an enclosure, cage, or pen, usually with bars or wires, in which fowls or other small animals are confined with total dimensions no less than four square feet per chicken and designed to be easily accessed, cleaned and maintained by the owners with both a top and bottom; and
2. No pen or coop may be closer than 20 feet to any property.
3. The outdoor chicken enclosure shall be located in the backyard or side yard of the lot and may not be located in the front yard as defined in § 155.005.
4. Each pen or coop must be kept clean, free of all odors and materials that can attract rodents.
5. Electrical connections to a coop shall require a building permit and meet state Construction Industries Division permit requirements, as applicable.
6. Animal waste shall be removed from the premises on a regular basis, to comply with Chapters 90 and 135 of the City Code.
(7) Garbage must be stored in tightly covered containers. The garbage container capacity must be adequate to store the garbage from one collection date to the next to prevent a nuisance.
(Ord. 87, passed 11-2-2005; Am. Ord. 90, passed 2-1-2006; Am. Ord. 94, passed 8-3-2006; Am. Ord. 136, passed 12-5-2012; Am. Ord. 142, passed 11-20-2013; Am. Ord. 148, passed 12-3-2014; Am. Ord. 152, passed 6-3-2015; Am. Ord. 154, passed 6-17-2015; Am. Ord. 174, passed 1-22-2020; Am. Ord. 183, passed 8-18-2021; Am. Ord. 198, passed 8-18-2021)